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Patna High CourtCR. MISC./75366/2022allowed

Nand Kishore Mistri v. State Of Bihar

2023-04-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75366 of 2022 Arising Out of PS. Case No.-352 Year-2018 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== 1.

Nand Kishore Mistri Son Of Devraj Mistri R/O Village- Mahawar, P.O.- Daudnagar, P.S.- Daudnagar, District- Aurangabad. 2.

Anju Devi Wife Of Nand Kishore Mistri R/O Village- Mahawar, P.O.- Daudnagar, P.S.- Daudnagar, District- Aurangabad. 3.

Pradeep Sharma Son Of Nand Kishore Mistri R/O Village- Mahawar, P.O.- Daudnagar, P.S.- Daudnagar, District- Aurangabad. ... ... Petitioner/s

Versus

1.

State of Bihar.

2.

Savita Kumari Wife Of Praveen Kumar, D/O Shambhu Vishwakarma R/O Village- Rampur, Choram, P.O. And P.S.- Rampurchoram, District- Arwal. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Complaint Case No.352 of 2018, registered for the offences punishable under Sections 323 and 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The petitioners are said to have tortured the complainant physically and mentally for non-fulfillment of demand of additional dorwry.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.75366 of 2022(2) dt.06-04-2023 2/2 petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that petitioners are in-laws of the complainant. Petitioner No.1 is father-in-law, petitioner no.2 is mother-in-law and petitioner no.3 is brother-in-law of the complainant. It is also submitted that no specific overt act is alleged against the petitioners.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Complaint Case No.352 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T